Beebe Stave Co. v. Austin
Supreme Court of Arkansas
Appeal from Perry Chancery Court; Jeremiah G. Wallace, Chancellor; To impeach a conveyance for inadequacy of con■sideration, the inadequacy must be so gross as ,to< shock the sense of justice and indicate fraud. 29 Ohio St. 1; 86 Ark. 460; 7 Md. 537; 61 Am. Dec. 375; 64 Ark. 185. While a creditor need not now reduce 'his claim to judgment, ■he must prove the insolvency of the grantor before he can successfully attack the conveyance.
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Appeal from Perry Chancery Court; Jeremiah G. Wallace, Chancellor; To impeach a conveyance for inadequacy of con■sideration, the inadequacy must be so gross as ,to< shock the sense of justice and indicate fraud. 29 Ohio St. 1; 86 Ark. 460; 7 Md. 537; 61 Am. Dec. 375; 64 Ark. 185. While a creditor need not now reduce 'his claim to judgment, ■he must prove the insolvency of the grantor before he can successfully attack the conveyance. Kirby’s Dig. § 6297. When negotiable notes given as evidence of an indebtedness are negotiated by the payee, it is equivalent to paymtnt by the debtor. ■55 Ga.…
1Opinion of the CourtFrauenthal, J.
The appellees, Mrs. John Austin and the First National Bank of Perry, the plaintiffs below, instituted this suit against the defendants below, J. D. Richards and the Beebe Stave Company, to enforce a vendor’s lien upon certain land, and to charge the Beebe Stave Company with the value of the timber cut therefrom. It is alleged in the complaint that Mrs. Austin sold the lands to Richards, and conveyed same to him by a deed which recited that the consideration had been paid in full, but that the recital was untrue, and that Richards had not in fact paid such purchase money or any part thereof,…
2Cases cited4 opinions
- Reavis v. BarnesSupreme Court of Arkansas · 1880
- Judge v. CurtisSupreme Court of Arkansas · 1904
- Hogg v. ThurmanSupreme Court of Arkansas · 1909
- Hoskins v. Fayetteville Grocery Co.Supreme Court of Arkansas · 1906
3Cited by6 opinions
- Fluke v. SharumSupreme Court of Arkansas · 1915
- Huber v. Danning (In Re Thomas)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- Johnson v. FosterSupreme Court of Arkansas · 1940
- Foggin v. FurbeeWest Virginia Supreme Court · 1921
- National Bedding & Furniture Industries, Inc. v. ClarkSupreme Court of Arkansas · 1972
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